Section 317 of the Communications Act requires broadcast licensees to inform their audiences of when programming is being aired in exchange for payment or compensation to the station. In 2021, the Federal Communications Commission (FCC or Commission) adopted rules to require broadcast licensees to disclose the identity of any foreign governmental entities1 that lease time on their stations.
On June 10, 2024, the Commission adopted rule modifications to its sponsorship identification requirements for foreign government-provided programming. Certain rule modifications, including modifications to 47 CFR § 73.1212(j)(8) and 47 CFR § 73.1212(k), will become effective on August 15, 2024.
As of August 15, 2024, broadcast licensees who broadcast foreign sponsored programming must provide the following disclosure for foreign sponsored programming:
“The [following/preceding] programming was [sponsored, paid for, or furnished], either in whole or in part, by [name of foreign governmental entity] on behalf of [name of foreign country].”
Licensee holders that are section 325(c) permittees must place copies of the disclosures in the International Communications Electronic Filing System (ICFS) under the relevant ICFS section 325(c) permit file. The filing must state the date and time the program aired and, in the case of repeat airings of the program, additional dates and times should also be included.
The rule modifications that are effective August 15 also clarify that the foreign sponsorship identification rules do not apply to political candidate advertisements, but do apply to issue advertisements and paid public service announcements. Furthermore, licensees are required to retain all necessary documentation related to this requirement for the length of the license term or one year, whichever is longer.
As a reminder, foreign sponsorship identification disclosures are required when (1) a foreign governmental entity has sponsored, paid for, or furnished programming that is aired on a radio or television station pursuant to a lease agreement; or (2) a foreign governmental entity provides programming for free, or for nominal compensation, as an inducement to air the programming and such programming is political or involves discussion of a controversial issue.
Additionally, in its adopted rules, the Commission clarified that noncommercial and educational broadcast (NCE) stations are not likely to be subject to the foreign sponsorship identification rules given their limited ability to engage in leasing arrangements.
Other adopted rule modifications relate to licensee’s reasonable diligence obligations in determining whether a foreign sponsorship disclosure is required have been delayed indefinitely.
1 47 CFR § 73.1212(j)(2) (“Foreign governmental entity” is defined as “shall include governments of foreign countries, foreign political parties, agents of foreign principals, and United States-based foreign media outlets.”).
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